ARTICLE 3.

Ignorance of the law excuses no one from compliance

CIVIL CODE OF THE PHILIPPINES therewith.

Chapter I: Effect and Application of Laws Reason:

- Necessity
ARTICLE 1. This Act shall be known as the Civil Code of the - Every person knows the law is a conclusive
Philippines. presumption
- Ignorantia legis non excusat
RA 386 prepared by the Roxas Code Commission; E.O
No. 48 (Mar. 20, 1947) ARTICLE 4.
Chairman: George Bacobo General Rule = Laws shall have no retroactive effect
Members: Judge Guillermo Guevarra, Dean Pedro Ylagan, Exception = UNLESS, the contrary is provided
Francisco Capistrano, Arturo Tolentino (added to the
commission, but was resigned due to his election as Non-Retroactivity Clause
Congressman) and Dr, Carmelino Alvendia (appointed to - Laws look to the future and has no retroactive
replace Tolentino) effect UNLESS the legislature may have given the
1947 Code Commission started working on May 8, 1947 effect to some legal provision
and ended on Dec. 15, 1947 General Rule: Construction of Statutes = prospective
Jan. 26, 1949 RA 386 was passed Exception: UNLESS, the purpose and intention of the
legislature to give them a retroactive effect is declared or
ARTICLE 2. implied
General Rule = Laws shall take effect after 15 days following the In case of doubt, the same must be resolved against
completion of their publication in the Official Gazette retroactive effect
Exception = UNLESS, it is otherwise provided Retroactive Application Legislature has the power to
This Code shall take effect one year after publication. pass retroactive laws which do not impair obligation or
affect injuriously vested right
Aug. 30, 1950 date of CCs effectivity Instances when a law may be given retroactive effect:
E.O 200 amended Article 2 1. The law expressly provides
- President Corazon Aquino 2. The law is curative or remedial
- Providing for the publication of laws either in the 3. The law is procedural
OG or in a newspaper of general circulation as a 4. The law is penal in character and favorable to the
requirement for their effectivity accused
Reason: Tanada et al v Tuvera; erratic release
and limited readership ARTICLE 5.
- Took effect immediately after its publication at OG General Rule = Acts executed against the provisions of mandatory
Newspaper of General Circulation more available, wide or prohibitory laws shall be void
circulation and come out regularly Exception = The law itself expressly authorizes their validity
When a statute does not explicitly provide for its effectivity,
it shall have an effect only after the expiration of the 15-day Mandatory omission of which renders the proceeding or
period following the completion of its publication either in acts to which it relates generally illegal or void
OG or NGC - Example: prescriptive period for filing particular
Publication and 15-day PD Requirements suits are mandatory in character; father impugning
- To enable the people to become familiar with the the legitimacy of his child
statute Prohibitory contains positive prohibitions and are
- Necessary requisites and no one shall be charged couched in the negative terms importing that the act
with notice of the statutes provision until said required shall not be done otherwise designated
publication is completed and the 15-day period - Example: No decree of legal separation shall be
has expired based upon a stipulation of facts or a confession
- Must be in full or it is not publication at all of a judgment
- After publication = the people are deemed to have
conclusively been notified of the law even if the ARTICLE 6.
people have not read them General Rule = rights may be waived
Unless otherwise provided Exception = UNLESS, the waiver is contrary to law, public policy,
- Refers solely to the 15-day period, and not to the morals, or good customs or prejudicial to a 3rd person with a right
requirement of publication recognized by law
- Publication: indispensable requisite; absence of
which will not render the law effective Waiver intentional relinquishment of a known right. It
Reason: It will offend due process as it would must be shown either by express stipulation or acts
deny the public of the laws that are supposed to admitting no other reasonable explanation. A right must
govern it exist at the time of the waiver and exercised by a duly
If the law provided for a different period shorter or capacitated person possessing the right to make a waiver
longer than the 15-day = such shorter or longer period Prohibition against waiver cant be made if contrary to
prevails law, po, pp, morals or gc, or prejudicial to a 3 rd person with
shall take effect immediately - take effect immediately a right recognized by law
after publication with the 15-day period being dispensed
with ARTICLE 7.
General Rule = Laws are repealed only by subsequent ones and
their violation or non-observance shall not be excised by disuse, or
custom, or practice to the contrary
When the courts declare a law to be inconsistent with the and cannot envisage all possible cases to which the law
constitution = the former shall be void and the latter shall govern may apply.
General Rule = Administrative or executive acts, orders and Effect of Judicial Legislation
regulations shall be valid - Assumes the authority of a statute itself
Exception = ONLY when they are not contrary to the laws or the - Constitute an evidence of what the law means
Constitution - Interpretation placed upon a written law by a
competent court has the force of law
Repeal legislative act of abrogating through a Duty of Judges
subsequent law that effects of a previous statute or - Dispensation of justice
portions thereof. It may be express [repeal literally, - Not evade performance of their responsibilities
declared by a new law in specific terms or in general terms]
OR implied [takes place when a new law contains ARTICLE 10. In case of doubt in the interpretation and application
provisions contrary to or inconsistent with those of a former of laws, it is presumed that the lawmaking body intended right and
without expressly repealing them] justice to prevail.
Unconstitutional Statutes - factors depend upon those
existing at the time of its enactment What the law grants, the courts cannot deny
Partial Unconstitutionality of Statutes Dura lex sed lex
Grounds for declaring a law unconstitutional
1. Not within the legislative powers ARTICLE 11. Customs which are contrary to law, public order or
2. Arbitrary methods may have been established public policy shall not be countenanced.
3. Purposes or effects violate the Constitution
Rules for Special and General Laws re: Conflicts ARTICLE 12. A custom must be proved as a fact, according to the
1. GL was enacted prior to SL rules of evidence.
- SL is considered the exception to GL
- GL is a good law except in so far as the Customs rule of conduct, formed by repetition of acts,
exception of SL uniformly observed as a social rule, legally binding and
2. GL was enacted after SL obligatory. It must be proved as a fact according to the
- SL remains, UNLESS: rules of evidence.
a. express declaration to the contrary Juridical Custom suppletory in the absence of a statute
b. clear, necessary and undesirable
conflict OR ARTICLE 13. When the law speaks of years, months, days or
c. subsequent GL covers the whole nights, it shall be understood that years are of 365 days each, month
subject which intends to replace SL of 30 days, days of 24 hours, and nights from sunrise to sunset.
If months are designated by their name, they shall be
ARTICLE 8. Judicial decisions applying or interpreting the laws or computed by the number of days which they respectively have.
the constitution shall form part of the legal system of the Philippines In computing a period, the first day shall be excluded, and
the last day included.
Stare Decisis once a case has been decided one way,
then another case involving exactly the same point at issue Applies to the prescriptive periods of the crimes
should be decided in the same manner Rule if the last day is a Sunday or a legal holiday
Later decisions prevail over the former ones 1. Ordinary Contract Sunday kung Sunday
Obiter Dictum opinions not necessary to the 2. RoC/Order of the Court last day is Sunday or a
determination of a case legal holiday = next day
Judicial Construction and Interpretation art or process Computation of legal period impliedly repealed by Admin
of discovering and expounding the meaning and intention Code of 1987
of law with respect to its application in a case - Year = 12 calendar months
Judicial Decisions not statute, but assume the same - Month = 30 days
authority as statute; constitute evidence of what the law - Day = 24 hours
means - Night = Sunset to Sunrise
Legis interpretation, legis vim obtinet the interpretation
placed upon the written law by a competent court has the ARTICLE 14.
force of law General Rule: Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the Philippine
ARTICLE 9. No judge or court shall decline to render judgment by territory
reason of the silence, obscurity or insufficiency of the laws. Exception: SUBJECT, to the principle of public international law
and to treaty stipulations.
Judges may apply any rules he desires, as long as the rule
chosen is in harmony with general interests, orders, morals Vienna Convention on Diplomatic Relations - diplomatic
and public policy. agents shall be immune from suit and therefore, cannot be
- Customs criminally prosecuted in PH in certain cases where the
- Decisions of foreign and local courts on similar Philippine government has waived its criminal jurisdiction
cases over them on basis of principles of public international law
- Opinions of highly qualified writers and professors and treaty stipulations.
- Rules of Statutory Construction
- Principles laid down on analogous cases ARTICLE 15.
Judiciary tasked with resolving legal controversies and General Rule: Laws relating to family rights and duties, or to the
interpreting statutes status, condition and legal capacity of persons are binding upon
Judicial Legislation As Justice Holmes says, the courts citizens of the Philippines
do and must legislate to fill in the gaps in the law because Exception: EVEN THOUGH, living abroad
like all human beings, the mind of the legislator is finite,
 Nationality Rule Personal laws follow the nationality of a ARTICLE 17.
person The forms and solemnities of contracts, wills, and other public
Domicilliary Theory Personal laws of a person are instruments = shall be governed by the laws of the country in which
determined by his domicile [fixed habitation of himself they are executed.
where he has an intention of returning] When the acts referred to are executed before the diplomatic or
consular officials of the Republic of the Philippines in a foreign
ARTICLE 16. country = the solemnities established by Philippine laws shall be
General Rule = Real property as well as personal property is observed in their execution.
subject to the law of the country where it is situated Prohibitive laws concerning persons, their acts or property, and
Exception = HOWEVER, inestate and testamentary successions, those which have, for their object, public order, public policy and
both with respect to the order of succession and to the amount of good customs shall not be rendered ineffective by laws or judgments
successional rights and to the intrinsic validity of testamentary promulgated, or by determinations or conventions agreed upon in a
provisions shall be regulated by the national law of the person foreign country
whose succession is under consideration, whatever may be the
nature of the property and regardless of the country wherein said 1st par lex loci celebrationis
property may be found. Prohibitive Laws contains positive prohibitions; the act
required shall not be done or designated
1st Par lex situs Ex: No decree of legal separation shall be based upon a
Renvoi Doctrine the county of origin of the deceased stipulation of judgment
has allowed the place of domicile of the deceased to Extrinsic - external; forms and solemnities
govern Intrinsic legalities; national law of the decedent
Real Property Art. 415
1. Land, buildings, roads and constructions of all kinds
adhered to the soil ART. 18. In matters which are governed by the Code of Commerce
2. Trees, plants, and growing fruits, while they are and special laws, their deficiency shall be supplied by the provisions
attached to the land or form an integral part of an of this Code
immovable
3. Everything attached to an immovable in a fixed
manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration Book I: PERSONS
of an object Chapter I: General Provisions
4. Statues, reliefs, paintings or other objects for use or
ornamentation, placed in buildings or on lands by the PERSONS any being/entity, natural or artificial, capable of
owner or the immovable in such a manner that it possessing legal rights and obligations
reveals the intention to attach them permanently to the
tenements ARTICLE 37.
5. Machinery, receptacles, instruments or implements Juridical Capacity = fitness to be the subject of legal relations
intended by the owner of the tenement for an industry [intention to enter a legally binding agreement or contract]
or works which may be carried on in a building or on a Inherent to every natural person and is lost through death
piece of land, and which tend directly to meet the Capacity to Act = power to do acts with legal effect; may be
needs of the said industry or works; acquired and may be lost
6. Animal houses, pigeon-houses, beehives, fish ponds
or breeding places of similar nature, in case their UNBORN CHILD inside the mothers womb
owner has placed them or preserves them with the Possesses a provisional personality [personality of
intention to have them permanently attached to the conception]
land, and forming a permanent part of it; the animals in which entitles him to be supported or to receive donation
these places are included;
7. Fertilizer actually used on a piece of land; ARTICLE 38. RESTRICTIONS ON CAPACITY TO ACT
8. Mines, quarries, and slag dumps, while the matter 1. Minority
thereof forms part of the bed, and waters either 2. Insanity - persons mind is sick
running or stagnant; 3. Imbecility feeble-mindedness; thinking of a small chil
9. Docks and structures which, though floating, are 4. State of being a deaf-mute
intended by their nature and object to remain at a fixed 5. Prodigality state of squandering money or property with
place on a river, lake, or coast; a morbid desire to prejudice the heirs of a person
10. Contracts for public works, and servitudes and other 6. Civil Interdiction deprivation of persons right to:
real rights over immovable property. parental authority, to be the guardian of the person of a
Personal Property Art. 416 property, to dispose of a property inter vivos and to
1. Those movables susceptible of appropriation which manage his own property
are not included in the preceding article; Incapacitated Person - not exempted from the certain obligation,
2. Real property which by any special provision of law is when the latter arise.
considered as personal property;
3. Forces of nature which are brought under control by ARTICLE 39. The ff circumstances, among other, modify or limit
science; and capacity to act:
4. In general, all things which can be transported from 1. Age
place to place without impairment of the real property 2. Insanity
to which they are fixed. 3. Imbecility
4. The state of being deaf-mute
5. Penalty
6. Prodigality
7. Family Relations
 8. Alienage Quimiguing v Icao
9. Absence Carmen Camiguing and Felix Icao are neighbors in Dapitan
10. Insolvency City
11. Trusteeship They have a close and confidential relationship
The consequences of these circumstances are governed by: Felix married man who had a carnal intercourse with
1. Civil Code Carmen several times by force and intimidation without her
2. Other codes consent
3. Rules of Court Carmen got pregnant despite the efforts and drugs
4. Special Laws supplied by Felix. She stopped schooling
Capacity to act is not limited on account of religious belief or Carmen, thru her parents, filed an Action for Support
political opinion Claim P120 per month plus damages and AF
Gen. Rule = A married woman, 21 years of age or over, is qualified Icao filed an MTD for lack of cause of action, and that the
for all acts of civil life complaint did not allege that a child had been born
Exc = in cases provided by law
RTC: dismissed the Complaint
Carmen filed an Amended Complaint baby girl
Chapter II: Natural Persons CA: No amendment was allowable since the complaint did
not aver a cause of action
ARTICLE 40. ISSUE: Whether or not an unborn child is entitled for
General Rule = Birth determines personality support?
Exception = BUT, the conceived child shall be considered born for HELD:
all purposes favorable to it - A child conceived, although unborn, is given by
Exception to the Exception = PROVIDED, it be born later with the law a provisional personality of its own, for all
conditions specified in the following article purposes favorable to it
- Unborn child has a right to support
ARTICLE 41.
General Rule = For civil purposes, the foetus is considered born if it
is alive at the time it is completely delivered from the mothers womb De Jesus v Syquia
Exception = HOWEVER, if the foetus had an intra-uterine life of Cesar Syquia unmarried scion of a prominent family in
less than 7 months, it is not deemed born if it dies within 24 hours Manila; possessed a considerable property of his own
after its complete delivery from the maternal womb Cesar is accustomed in going to his brother-in-laws barber
shop
PD 603 (Child and Youth Welfare Code), Article 5 Antonia Loanco cashier @ the barber shop
Commencement of Civil Personality. The civil personality of a child They had an amorous relationship
shall commence from the time of his conception, for all purposes Antonia got pregnant
favorable to him, subject to the requirements of Art. 41of the Civil June 17, 1931: Baby boy was born
Code Feb. 7, 1931: Cesar wrote a note directed to the padre,
The baby due on June is mine, and I should like my name
Geluz v CA given to it.
1950: Nita Villanueva got pregnant before her marriage Cesar shows paternal interests hospitalization assistance
Oscar Lazo They lived-in for a year
Abortion Antonio Geluz When Antonia shows signs of 2nd pregnancy, Cesar
1953: Nita got pregnant again Abortion work in the dumped her and married another woman
COMELEC Time of Christening Ismael Loanco
1995: Nita got pregnant aborted the baby without Oscars Antonia filed an Action for Breach of Promise to Marry plus
consent Dmags and Support; compelled Cesar to acknowledge the
Oscar sued Antonio for Damages 2 children
RTC: awarded the damages ISSUES:
CA: affirmed 1. W/N the letter proves acknowledgment of paternity?
ISSUE: Is an unborn child covered with personality, so that 2. W/N the acknowledgment contemplated in Art. 135, sub
when if the unborn child incurs injury, his parents may (1) of NCC be made in a single document or may be made
recover damages from the ones who caused damage to in more than 1 document?
the unborn child 3. W/N Ismael Loanco holds an uninterrupted possession
HELD: of the status of a natural child?
- No. Award for damages does not cover the case HELD:
of an unborn fetus that is not endowed with - The letter proves acknowledgment of paternity. A
personality and incapable of having rights and child, upon being conceived, becomes a bearer of
obligations legal rights and capable of being dealt as a living
- Parents of the unborn cannot sue damages on its person. The fact of being unborn manifests no
behalf. Since an action for pecuniary damages on impediment for acquiring legal rights
the account of personal injury or death pertains - Recognition can be made by putting together the
primarily to the injured, no such right of action admission of paternity made in one letter by an
could derivatively accrue to the parents or heirs of admission made in the other. His note to the
an unborn child padre and all the other notes he wrote for Antonia
- Parents are entitled only for Moral Damages. are suffice to connect the admission of the child
Reason: illegal arrest of the normal development - Yes. His father acknowledges him.
of the fetus on account of distress and anguish - As on the status of the 2nd baby (Pacita), there is
attendant to its loss, and the appointment of their no sufficient evidence which could warrant Cesars
parental expectations. acknowledgment of paternal affiliation unto her.
Continental Steel v Montano Estate mass of assets that the deceased has
Rolando Hortillano employee of Continental Steel
He filed for paternity leave, bereavement leave, death and Limjoco v Inestate Estate of Pio Fragrante
accident insurance under their CBA Pedro Fragrante applied for a Certificate of Public
Marife Hortillano premature delivery. Fetus died on its Convenience to install, maintain and operate an ice plant in
38th week Anoxia (died during labor) San Juan, Rizal whereby the Public Service Commission
Continental Steel only granted claims for paternity ruled that public interest and convenience will be promoted
The union resorted to grievance machinery in a proper and suitable manner by authorizing the
Conferences no settlement application. He died. Filipino Citizen
Unions Contentions: Amended Certificate of Public Convenience his estate is
1. CBA did not state that dependent should have first financially capable of maintaining the proposed service;
be born alive or must have acquired juridical invest 35k
personality, so that his/her subsequent death Angel Limjoco
could be covered by CBA death benefits - Error on the part of the commission to allow
Continental Steels Contentions: substitution of the legal representative of the
1. Unborn child has no legal personality. estate of Pedro
2. Only one with Civil Personality could die. Legal - Granting of certificate to the estate is a
significance between life and death contravention of the law
3. Fetus was dead from the moment of delivery. Not - Questions of Pedros estate is a person, as
a person at all contemplated in the Public Service Act
4. Fetus could not be considered dependent since it ISSUE: W/N the estate of Pedro Fragrante is considered a
never needed support, nor did it ever acquire the person?
right to be supported HELD:
LA: in favor of Hortillano. The fetus has the right to be - The estate of Pedro is a juridical person for
supported though inside the mothers womb purposes of the settlement and distribution of his
CA: Affirmed estate; an injustice would ensue if ruled otherwise
ISSUE: W/N Hortillano is entitled to receive death and - By legal fiction, the personality of Pedro is
other benefits which arise from the death of his child at the considered extended so that any debts or
moment he was being delivered? obligations left by him may be paid
SC: - Prosecution of said application did not lapse
- The rights to Bereavement Leave and other death upon death
benefits pertain directly to the parent of the unborn - Personality, citizenship and economic stability
child must be extended
- Elements of BL: death, status as legit dependent
and dependent of an employee + death certificate Dumlao v Quality Plastics
- Unborn child is dependent for support 1962: CFI Pangasinan ordered Vicente Soliben, Pedro
- Civil personality need not be established for the Oria, Santiago Laurencio, Marcelino Sumalbag and Juana
juridical capacity is not an issue Darang to pay solidarily to Quality Plastic plus legal interest
- Life is not synonymous with Civil Personality. the sum of PhP 3, 667.03
Consti recognizes the right to life of the unborn Non-payment foreclosure of the surety bond and the sale
from its conception at public auction of the land of Pedro Oria which he had
- CBA did not provide the qualification of child given as security of the bond
depended. Without such, child shall be Public Auction, BUT, Oria died long before the
understood in its original sense commencement of the action (April 23, 1959)
- If there is life, you have the capacity to die. June 13, 1960: Action was filed
Fact of Orias death was not known to Quality Plastics
Unborn and Conceived Child Summons and Complaints served personally
- Bearer of rights Fausta, Dionisio and Amado and Benjamin Dumlao
- Has civil personality testamentary heirs of Oria; annulment of judgment against
- Subject of legal relations Oria for lack of jurisdiction
- Living person/has legal personality Quality Plastics only knew of Orias death upon receiving
the summons for the annulment of Order
ARTICLE 42. Civil personality is extinguished by death. RTC: has jurisdiction
The effect of death upon the rights and obligations of the CA: no jurisdiction
deceased is determined by law, by contract and by will. SC:
- No jurisdiction
Legal Effects of Death - Judgment was annulled
1. Right to support ends - Lack of jurisdiction over Orias death
2. Marriage ends - No civil personality
3. Tenure of public office ends - Juridical capacity was lost through death
4. If a person dies after he has authorized another to
sell his property, the sale after such death is not Eugenio v Velez
valid, if made by the agent with knowledge of Vitaliana Vargas forcibly taken from her residence and
principals death. was confined in Jasaan, Misamis Oriental by Tomas
5. If an individual dies, the property or estate left by Eugenio (1987); deprived of her liberty
him shall be subjected to taxes Petition for Habeas Corpus full blood brothers and sisters
Estate of the deceased is a person that may continue the of Vitaliana; unaware of her death
personality of the deceased even after death, for the Court issued Writ of Habeas Corpus
purpose of settling debts. Tomas Eugenio refused to surrender Vitaliana
 - Corpse cannot be a subject of WHC proceedings Rosario and children were in the US when Atty. Adriano
- Died of heart failure due to toxemia of pregnancy died
- As common-law husband, he claims legal custody Fe shouldered all the expenses
of her body When Rosario knew she asked for the delay of the
Court has ordered Tomas to deliver Vitalianas body to a interment denied
funeral parlor in CDO and its autopsy Remains were buried at mausoleum of Valino family @
Tomas Urgent Motion to Dismiss Petition for lack of Manila Memorial Park (Last Wish)
jurisdiction Action for Damages Rosario and children; prayed for the
Amended Complaint Tomas was wrongfully interfering transferring of Atty. Adrianos remains to their family plot @
the Vargass duty to bury Vitaliana Holy Cross Memorial in Novaliches, QC
RTC: has jurisdiction RTC: dismissed
- TRO and/or PI Tomas = denied CA: reversed
- He fails to establish he has the legal right to the SC:
custody of Vitalianas body - Rosario has the right to bury her husband as per
ISSUE: W/N Tomas has the rightful custody of Vitalianas the NCC
body, being the latters common-law husband? - US things = no relevance
SC: - It is generally recognized that the corpse of an
- Dead body of Vitaliana was correctly awarded to individual is outside the commerce of man;
her brothers and sisters however, the law recognizes that a certain right of
- WHC = moot and academic, but the issue of possession over the corpse exists, for the purpose
custody remains of a decent burial and for the exclusion of the
Legal Basis: intrusion by 3rd persons who have no legitimate
interest therein
- No damages were awarded

Berot v Siapno
Macaria Barot and SPS. Rodolfo and Lilia Berot obtained
Marcos v Manglapus a loan of P 250, 000 from Felipe Siapno; payable within 1
Ferdinand Maros exiled in Hawaii with family year plus interests of 2% per annum from the date until fully
They filed for Mandamus and Prohibition asking the court paid
to order Manglapus et.al, to issue their travel docs, and to Security of loan: 147 sq. m of 718 sq. m land in Calasiao,
enjoin Pres. Aquinos decision to bar their return Pangasinan in the names of Macaria and deceased
FM died while the action was pending husband, Pedro
Marcoss contentions: Macaria died after 1 year
1. Inherent right to return to PH They defaulted payments
2. Liberty of abode and travel Siapno Action for Foreclosure and Damages
3. Pres. Aquino has no power to bar a Filipino from Berots contentions:
his own country arbitrarily - Family home is exempted = mortgage is void; no
4. No basis consent from other children
OSGs contentions: - Court has no jurisdiction over Macaria, for no
1. Marcoss return will destabilize the country summons was served on her as she was already
2. Catalytic effects of Marcoss era still subsist dead
3. Pres. Aquino has residual powers Amended Complaint included the estate of Macaria Berot
4. Return imposes grave threats represented by Rodolfo Berot and Lilia Berot
SC: RTC: allows foreclosure of judgment; payment within 90
- Denied the petition and supported Aquino days
- Threats did not cease; unstated residual powers CA: affirmed
- President has the duty to protect and promote the ISSUE: W/N the holding of estate of Macaria Berot could
interests of the people be a proper party by voluntary appearance?
Dissenting: SC:
Cruz: - Death of Macaria Berot = legal personality
ceased; can no longer be impleaded
- Non-objection on the Amended Complaint and
Rodolfos appointment as representative = waived
any objection to the trial courts exercise of
jurisdiction over their persons at the inception of
Padilla: the case
- Defendants voluntary appearance = service of
summons
- Foreclosure proceeds
- Macaria is liable only to a part of her debt
Valino v Adriano - Estate has no personality to sue and to be sued
Atty. Adriano Adriano married to Rosario (1995)
- 2 sons: Florante and Ruben ARTICLE 43.
- 3 daughters: Rosario, Victoria and Ma. Theresa General Rule = If there is doubt, as between 2 or more persons who
- Adopted: Leah Antonette are called to succeed each other, as to which of them died first,
They got separated whoever alleges the death of one prior to another shall prove the
Atty. Adriano courted Fe Valino (his client) same
Lived-in Atty. Adriano died of acute emphysema
Exception = In the absence of proof, it is presumed that they died at CA:
the same time, and there shall be no transmission of rights from one 1. The Navarro Girls
to another 2. Angela Joaquin
3. Joaquin Navarro Jr
PROOF OF DEATH 4. Joaquin Navarro Sr
Positive evidence RATIO:
Circumstantial evidence established from facts statutory application applies for the evidence of
Inference = it must be derived from an existing fact survivorship is uncertain and insufficient
Proof of death can never be established by a mere no scintilla of evidence from which we may infer
inference the condition of Angela Joaquin during the interval
from the instant her son turned his back to her; AJ
PRESUMPTIONS ON SURVIVORSHIP UNDER THE RoC (Rule was unhurt when her son left, but she could have
131, Sec. 5 died from variety of causes immediately after
No one saw AJ alive and no proof of her death
- When 2 or more persons perish in the same calamity, ISSUE: Whether or not Angela Joaquin survived her son,
survivorship is presumed as follows: Joaquin Navarro Jr, or vice-versa?
HELD:
Below 15 the older survives JOAQUIN NAVARRO JR DIED FIRST BEFORE HER
Above 60 the younger survives MOTHER, ANGELA JOAQUIN
Under 15 & Above 60 The perils of staying were not so imminent
under 15 survives
Gave credence to Franciscos testimony that the
Both are over 15 & Under The male survives if sexes
building collapsed about 40mins after Joaquin Navarro
60 and the sexes be are different
Jr was shot
different
When the building was set on fire, it was unnecessary
If the sexes are the same,
for the soldiers to waste their ammunition
the older survives
AJ was not killed by falling beans for the building was
If one be under 15 or over The latter survives
concrete and its collapse was not sudden
60, and the other between
Presumptions that AJ died before her son is purely
those ages
based on surmises, speculations or conjectures
without any sure foundation of evidence
Ramon Joaquin v Auromo Navarro The opposite is deduced from established facts, which
3 proceedings for the settlement of estates of Joaquin weighed by common experience, engender the
Navarro, Angela Navarro (wife), Joaquin Navarro Jr and inference as a very strong probability
Pilar Navarro Preponderance of Evidence
Oder of Death affects the successional rights of Ramon SUCCESSION: it precludes the necessity of passing
Joaquin who was the natural child of Angela Joaquin and upon the question of reserve troncal which was put
the adopted child of SPS, and of Antonio Navarro, son of forward on the hypothetical theory that AJs death
Joaquin Navarro Sr by 1st marriage preceded her sons
FACTS:
- Feb. 16, 1945: battle for the liberation of Manila was Section 1. Preponderance of evidence, how determined. In civil
raging cases, the party having burden of proof must establish his case by a
- The ff sought refuge in the building known as German preponderance of evidence. In determining where the
Club at the corner of San Marcelino and San Luis preponderance or superior weight of evidence on the issues
Streets of Manila involved lies, the court may consider all the facts and circumstances
- Building was packed with other refugees, shells were of the case, the witnesses' manner of testifying, their intelligence,
exploding and the place was set on fire their means and opportunity of knowing the facts to which there are
- Japanese started shooting inside > Navarro Girls testifying, the nature of the facts to which they testify, the probability
were hit near the entrance or improbability of their testimony, their interest or want of interest,
- Joaquin Sr and Jr abandon the place to seek a safer and also their personal credibility so far as the same may
haven -> could not convince Angela Joaquin legitimately appear upon the trial. The court may also consider the
- Sr and Jr, with Adela Conde (wife of Jr) and Francisco number of witnesses, though the preponderance is not necessarily
Lopez (family friend) dashed out from the burning with the greater number
edifly friend) dashed out from the burning edifice
- As they came out, Joaquin Navarro Jr was hot in the
head -> Others lay flat on the round to avoid the bullets ARTICLE 44. The ff are juridical persons:
- Minutes later, the club collapsed where Angela 1. State and its political subdivisions
Joaquin wa 2. Other corporations, institutions and entities for public
- Sr, Adela and Francisco managed to stay in a raid interest or purpose, created by law; their personality begins
shelter neaby, and stayed there for 3 days -> were as soon as they have been constituted according to law
forced to leave when the shelling tore it open -> fled to 3. Corporations, partnerships and associations for private
St. Theresa Academy interest or purpose to which the law grants a juridical
- Met Japanese patrols who fired shots at Joaquin personality, separate and distinct from that of each
Navarro Sr and Adela shareholder, partner of member
RTC:
1. The Navarro girls (Pilar - 33, Concepcion and JURIDICAL PERSONS: a being of legal existence suspceptible of
Natividad between 23 and 25) rights and obligations, or being the subject of juridical relations
2. Joaquin Navarro Jr - 30
3. Angela Joaquin - 67 JURIDICAL RELATIONS: relation between subjects based on legal
4. Joaquin Navarro Sr - 70 facts included in legal norms, in which the subjects have legal rights
and duties
STATE: community of persons, more or less numerous, occupying a Exc = If theres no provision, the assets will be for the benefit of the
fixed territory and possessed an independent government organized place which was already receiving the principal benefits during the
for political ends to which the great body of inhabitants render existence of the corporation or association.
mutual obedience
Gen Rule: A state cannot be sued DISSOLUTION: stage of terminating the life of a corporation, and
Exc: consent liquidation is the process of winding up the affairs, settlement of
Express consent may be embodied in GL or SL corporate obligations, debts and distribution of remaining corporate
The standing consent of the State to be sued in case of assets through liquidating dividends in the Philippines.
money claims involving liability arising from contracts is Private Corporations Title IV of CC
found on Act. 3083 Public provisions of their respective charters and in the
Implied Consent: State files a complaint, opening itself for a absence of such provisions, the CC
counterclaim Partnership Title IX of the NCC

POLITICAL SUBDIVISIONS:
municipal corporations and, in the PH, consist of provinces,
cities and municipalities
local govt created by the State to help fulfill their
obligations
includes countries, cities, towns, villages and special
districts such as school, park, airport, etc
Municipal corporations are suable because their charters
grant them the competence to sue and to be sued
They are generally not liable for torts committed by them in
the discharge of governmental functions, and it can only be
held answerable only if it can be shown that they were
acting in propriety capacity
Not liable for the torts committed by its regular employee,
who was then engaged in the discharge of governmental
functions. Ex: death of passenger

CORPORATIONS
Artificial being created by operation of law, having the
rights of succession and the powers, attributes and
properties expressly authorized by law or incident to its
existence
The nationality of a corporation is determined by the place
of its incorporation; 60-40 rule
BP 68
Government corporations are created by their special
charters passed by the legislature; BP 68 is suppletory only

PARTNERSHIPS By the contract of partnership, 2 or more

persons bind themselves together to contribute money, property or
industry to a common fund, with the intention of dividing the profits
among themselves. Two or more persons may also form a
partnership for the exercise of a profession (Art. 1767 of NCC)

ASSOCIATIONS/FOUNDATIONS non-profit organization that

typically donate funds and support others for charitable purposes

ARTICLE 45.
- Juridical persons mentioned in Nos 1 and 2 are governed
by the preceding article are governed by the laws creating
or recognizing them.
- Private corporations regulated by laws of general
application on the subject
- Partnerships and Associations for private interest;
governed by the provisions of this Code re: partnerships

ARTICLE 46. RIGHTS OF JURIDICAL PERSONS

- Acquire and possess property of all kinds
- Incur obligations
- Bring civil or criminal action

ARTICLE 47. RULE IF PUBLIC JURIDICAL PERSONS ARE

DISSOLVED
Gen Rule = Apply first the provisions of the law or charter creating
them